Betty the Blackbird

Using Haith's IP - Intellectual Property and Trade Mark Licence

TRADE MARK LICENCE

Purchasing Haith's ingredients does not automatically allow customers to use our IP (intellectual property); to use our IP, we must be in receipt of this signed agreement below, and it needs approving by Haith's.

Please email trade@haiths.com for more information.

Sample agreement: 

THIS AGREEMENT is made the             day of              2022

BETWEEN

JOHN E. HAITH LIMITED, a company organised and existing under the laws of England and Wales (hereinafter “the Proprietor” or “Haiths”) of the one part and

[NAME OF LICENSEE], a company organised and existing under the laws of England and Wales (hereinafter “the Licensee”) of the other part.

 

PRELIMINARY AND BACKGROUND

 

WHEREAS the Proprietor is the registered proprietor of the Trade Marks, (hereinafter “the Trade Marks”) short particulars of which are set out in the Schedule hereto.

 

AND WHEREAS the Licensee wishes to use the Trade Marks in the UK and/or the EU on and in relation to baits for fish (hereinafter referred to as “the Goods”) and to be appointed a Licensee thereof.

 

  1. The Proprietor encourages use of the Haith’s® Baits approved bait firm logo on websites and relevant material. However, prior approval from Haith’s® is required to use this logo on packaging.

 

  1. b) Where the Trade Mark ROBIN RED is used, it may include the coloured Robin logos as listed in the Schedule of Trade Marks.

 

  1. c) The Proprietor (Haith’s) is the owner of the Trade Marks “Haith’s”, “ROBIN RED®” and other products documented in the Approved Bait Firms’ Product Range.

 

  1. d) The Licensee wishes to use the ROBIN RED Trade Mark on *part* of its packaging, the KEYWORD being *part*. In other words, a product should be clearly identifiable as belonging to the Licensee that “ROBIN RED” is the property of John E Haith Limited and is used under licence.

 

  1. e) The Licensee wishes to use the ROBIN RED Trade Mark and incorporate the product in its own products at sensible rates of inclusion – namely when inclusion rates are 5% and above)

 

  1. f) Trading with the Proprietor indicates full acceptance of the terms and conditions set out herein (and others) and Haith’s reserves the right to amend these conditions and the terms of this Licence from time to time.

 

  1. g) Adding the Proprietor’s ROBIN RED product to pellets, flavourings, dips etc., has become more popular in the market and whilst we DO NOT wish to restrict this practice, we permit it only when our ROBIN RED product is included in the recipe in sensible proportions. We expect Licence holders to set a good example. The Robin Red logo must not feature on pellets with an inclusion rate of less than 10% and the minimum inclusion rates on liquids is 15% (Haith’s Liquid Robin Red contains 20% Robin Red).

 

  1. h) The objective of the Proprietor is to create a clear distinction between baits that contain ROBIN RED (and other Haiths ingredients) and those that do not. Haiths believes that it is the interest of Haiths and our Licensees to deliver this message to anglers. The more successful we are at this, the more Haiths can help you differentiate your high quality baits from the competition.

 

  1. i) When you have accepted these terms and conditions we will automatically add you to our Approved Bait Firms listing - http://www.haiths.com/haiths-baits/approved-bait-firms/ However, the Proprietor reserves the right to cancel the Licence if you order infrequently, since the objective of the Proprietor is to provide fresh Robin Red product to markets. What is to be considered a frequent ordering pattern is at the sole discretion of the Proprietor.

 

  1. j) The ROBIN RED® Trade Mark may be used under licence only by authorised licensees.

 

NOW IT IS HEREBY AGREED AND DECLARED

 

In consideration of the sum of £1 (one pound sterling), the Proprietor grants this Licence on the following terms:

 

  1. The Proprietor hereby grants the Licensee the right and permission to use and exhibit on its products and packaging the wording “ROBIN RED” when it is incorporated into the Licensee’s product/s.

 

  1. The Proprietor hereby authorises the Licensee to use the Trade Marks on or in relation to baits for fish provided that the Goods are manufactured in accordance with the specifications and information laid down herein, and given from time to time by the Proprietor.

 

 

  1. The Licensee will use the Trade Marks only on or in relation to the Goods and will at the request of the Proprietor provide samples of the licensed Goods for the purpose of inspecting them and verifying that they comply with the terms of this licence. The Proprietor shall request such samples not less than once every year.

 

  1. The Licence hereby granted is non-exclusive.

 

  1. a) The Licensee acknowledges hereby that this Licence shall convey no proprietorial rights in respect of the Trade Marks, which rights belong to the Proprietor and shall remain exclusively with the Proprietor.  The Licensee accepts that any goodwill generated by means of the use of the Trade Marks by the Licensee shall inure to the exclusive benefit of the Proprietor.

 

  1. b) The Licensee shall neither challenge the Licensor’s ownership of the Trade Marks nor their registrations as Trade Marks, not assist or encourage any other party to do the same.

 

  1. It is a condition of this Licence that wherever the wording ROBIN RED appears on one of the Licensee’s products or is published in the public domain (PR, Advertising, Websites, Social Media etc) there appears after the words “Robin Red” the ® symbol and that these be displayed in a reasonably prominent position on the Licensee’s packaging/published material (physical or digital). Further, the wording “Robin Red® is a registered Trade Mark of John E Haith Limited” “Robin Gold® is a registered Trade Mark of John E Haith Limited” “Robin Green® is a registered Trade Mark of John E Haith Limited” “Robin Orange® is a registered Trade Mark of John E Haith Limited” shall, as appropriate, also appear on packaging.

 

  1. The Licensee accepts full responsibility for its products when adding Haith’s ingredients and accepts responsibility to conform to local and EU Laws

 

  1. The Licensor has the right to terminate this agreement in the event that:

 

  1. the Licensee breaches, in any material way, the conditions under which the said Licence is granted.

 

  1. if any of the Proprietor’s brand and products are used in a derogatory and damaging (to the brand) manner, which includes misuse of the “Haith’s Baits” and ROBIN RED Trade Marks.

 

  1. if the Licensee becomes insolvent, bankrupt or has a receiver appointed of its assets, or if an order is made or a resolution is passed for liquidation and/or winding up

 

  1. if the Licensee is purchased by, amalgamated with, merges with or otherwise forms a structural corporate relationship with a legal entity deemed by the Licensor to be a competitor of the Licensor.

 

  1. The Licence shall commence on the date hereof and shall continue in force for a period of three years unless terminated in accordance with the provisions of this Licence, or otherwise by agreement of the parties. The Licence may be renewed on such terms as the parties hereto negotiate, prior to or co-terminously with expiry of the Licence.

 

  1. The Licensee shall ensure that any of its own Trade Marks or any third party Trade Marks are not placed directly adjacent to or co-alesced with any of the Trade Marks; the Trade Marks in use on packaging or any printed material or electronic equivalent of the same shall stand separately and apart from any other proprietorial sign.

 

  1. The Licence governs sales of goods bearing the Trade Marks in the UK only; should the Licensee wish to sell the Goods bearing the Trade Marks in any other jurisdiction, permission shall be sought from the Proprietor and such activity shall be the subject of an extended or separate Licence.

 

  1. On termination of this Licence the Licensee shall have the right to dispose of the Goods on which the Trade Marks appear, provided that the Goods have been purchased and paid for in accordance with the Proprietor’s general terms and conditions. In the event of dispute over this, the Licensee shall immediately withdraw the Goods from sale, and, at the discretion of the Proprietor, destroy, deliver them up to the Licensor, or otherwise deal with them as the Proprietor chooses.

 

  1. This Licence is governed by the Laws of England and the English Courts have exclusive jurisdiction in relation to any proceedings arising from or concerning this Licence.

 

  1. This Licence does not entitle the Licensee the use of any of Haith’s® company logos on packaging or material in the public domain. There is not an implied right that this Licence can be extended to other property of the Proprietor. However, this Licence may be extended to other Haith’s bird food baits, if written approval is given by the Proprietor. The Licence is personal to the Licensee and may not be assigned. No right provided by the Licence may be subleased to third party.

 

  1. This Licence does not replace Haith’s standard T & Cs specifically; ROBIN RED® (Ask for details). Those terms will not be issued but are available on request from trade@haiths.com. Otherwise, trading with Haith's automatically means you agree with our T&Cs.  If you would like to check that you are in receipt of the most recent agreement, please contact trade@haiths.com. 

 

THE SCHEDULE

 

Trade Mark Format

 

Registration No.

Goods

Country

ROBIN RED (words)

2504795

Bait for fish.

 

UK

 

 

 

 

11342623

Bait for fish.

UK

 

 

11342821

Bait for fish.

UK

 

11342805

Bait for fish.

 

UK

 

 

3528803

Bait for fish.

 

UK

ROBIN RED (words)

 

908337792

Bait for fish.

UK

 

 

3765914

Bait for fish.

UK

ROBIN RED (words)

8337792

 

Bait for fish.

EU

 


 

 

Trade Mark Format

 

Registration No.

Goods

Country

 

 

11342623

 

Bait for fish.

EU

 

 

11342821

 

Bait for fish.

EU

 

 

11342805

 

Bait for fish.

EU

 

 

18300285

 

Bait for fish.

EU

 

 

IN WITNESS WHEREOF these presents have been signed on behalf of the Proprietor and Licensee hereto:

 

By John E Haith Limited               ___________________________

                                                                SIGNATURE

                                                                Name & Position:

 

 

By [Licensee]                                ____________________________

                                                                SIGNATURE

                                                                Name & Position: